House Amendment 2071


PAG LIN




     1  1    Amend the amendment, H=2025, to Senate File 601, as
     1  2 amended, passed, and reprinted by the Senate, as
     1  3 follows:
     1  4 #1.  Page 3, by inserting after line 1 the
     1  5 following:
     1  6    <Sec.    .  Section 137C.28, Code 2007, is amended
     1  7 to read as follows:
     1  8    137C.28  PENALTY.
     1  9    1.  A person who violates a provision of the Iowa
     1 10 hotel sanitation code this chapter or rules adopted
     1 11 pursuant to this chapter shall be guilty of a simple
     1 12 misdemeanor and subject to a civil penalty of one
     1 13 hundred dollars for each violation.  Each day upon
     1 14 which a violation occurs constitutes a separate
     1 15 violation.
     1 16    2.  A person who is issued a violation as a result
     1 17 of an inspection, a reinspection or a complaint
     1 18 inspection shall be subject to a civil penalty ranging
     1 19 from fifty dollars to one thousand dollars for each
     1 20 violation based on criteria established by rule of the
     1 21 department.
     1 22    3.  A penalty may be issued by either the
     1 23 department or by a municipal corporation under
     1 24 agreement with the department pursuant to section
     1 25 137C.6.
     1 26    4.  Penalties collected by the department shall be
     1 27 deposited in the general fund of the state.  Penalties
     1 28 collected by a municipal corporation shall be retained
     1 29 by the municipal corporation for use in regulation of
     1 30 entities licensed under this chapter.>
     1 31 #2.  Page 3, by inserting after line 13 the
     1 32 following:
     1 33    <Sec.    .  Section 137D.3, Code 2007, is amended
     1 34 to read as follows:
     1 35    137D.3  PENALTY.
     1 36    1.  A person who violates a provision of this
     1 37 chapter, including a standard adopted by departmental
     1 38 rule, or rules adopted pursuant to this chapter
     1 39 relating to home food establishments or prepared foods
     1 40 created in a home food establishment, is guilty of a
     1 41 simple misdemeanor and subject to a civil penalty of
     1 42 one hundred dollars for each violation.  Each day that
     1 43 the violation continues constitutes a separate
     1 44 offense.
     1 45    2.  A person who is issued a violation as a result
     1 46 of an inspection, a reinspection, or a complaint
     1 47 inspection shall be subject to a civil penalty ranging
     1 48 from fifty dollars to five hundred dollars for each
     1 49 violation based on criteria established by rule of the
     1 50 department.
     2  1    3.  A penalty may be issued by either the
     2  2 department or by a municipal corporation under
     2  3 agreement with the department.
     2  4    4.  Penalties collected by the department shall be
     2  5 deposited in the general fund of the state.  Penalties
     2  6 collected by a municipal corporation shall be retained
     2  7 by the municipal corporation for use in regulation of
     2  8 entities licensed under this chapter.>
     2  9 #3.  Page 11, by inserting after line 50 the
     2 10 following:
     2 11    <Sec.    .  Section 137F.17, Code 2007, is amended
     2 12 to read as follows:
     2 13    137F.17  PENALTY.
     2 14    1.  A person who violates this chapter or rules
     2 15 adopted pursuant to this chapter shall be subject to a
     2 16 civil penalty of one hundred dollars for each
     2 17 violation.  Each day upon which a violation occurs
     2 18 constitutes a separate violation.
     2 19    2.  A person who is issued a violation as a result
     2 20 of an inspection, a reinspection, or a complaint
     2 21 inspection that is considered a critical or swing
     2 22 violation shall be subject to a civil penalty ranging
     2 23 between fifty dollars and one thousand dollars for
     2 24 each violation based on criteria established by rule
     2 25 of the department.
     2 26    3.  A penalty may be issued by either the
     2 27 department or by a municipal corporation under
     2 28 agreement with the department pursuant to section
     2 29 137F.3.
     2 30    4.  Penalties collected by the department shall be
     2 31 deposited in the general fund of the state.  Penalties
     2 32 collected by a municipal corporation shall be retained
     2 33 by the municipal corporation for use in regulation of
     2 34 entities licensed under this chapter.>
     2 35
     2 36
     2 37                               
     2 38 FORD of Polk
     2 39 SF 601.526 82
     2 40 mg/je/10038

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